Terms of Service
General service terms
- Phoenix Games provides remote contractors to its clients who wish to outsource services which it provides.
- Phoenix Games offers outsourcing of various services which it provides based on the requirements of its clients.
- the outsourcing services provided by Phoenix Games will be delivered based on the terms and conditions of this service agreement.
it is acknowledged and agreed upon that it is under the sole discretion of Phoenix Games that employees of Phoenix Games (hereinafter referred to as the company) will be deployed to work for the client at the sole discretion of Phoenix Games and that there will be a set time duration mutually agreed upon by both parties regarding the duration of which these employees will work on the clients projects. any extension of the duration of work will be done only at the discretion of Phoenix Games s. the company also reserves the right to deploy any employee that it wants for the clients’ project.
the client acknowledges and agrees that any employee of Phoenix Games cannot be hired directly by the client. doing so will attract penal action. the client is paying only for the services of the employee through its employer Phoenix Games s.
Duration of the work contract
before work commences, it is understood that the client and Phoenix Games have entered into a contract for completion of a project within a stipulated deadline. in the event the deadline is missed, appropriate action will be taken at the appropriate time between both the parties.
the payment terms for the project are as per the pre-decided norms agreed by both the parties prior to the commencement of the project. in case of any breach of such terms, Phoenix Games reserves the right to sue the client for the monies that are due.
in the case of any damage, loss, costs incurred or compensation to be paid(whether direct or indirect) by the client due to any misappropriation, error, wrongdoing or anything damaging through the client’s website or appropriate, Phoenix Games will not be held responsible.
Clients’ indemnity to Phoenix Games
the client is indemnified to Phoenix Games in the following cases-
- in the event of an injury to the company’s employee while working on the client’s project
- any property damage done unintentionally or due to unforeseen circumstances by the company’s employee while working on the clients’ project
- in the event that the client has terminated the services of Phoenix Games s’ employee for any reason whatsoever
Rules regarding employment of Phoenix Games employees for the client
- the client cannot directly hire any employee of Phoenix Games after his/her project has been completed or is ongoing. in fact the client cannot hire any employee of Phoenix Games who has worked for the client in the past 12 months from the last date of the completion of the client’s project
- the client also cannot hire any friend, family member or acquaintance of any employee who has or is working with the client on his/her project
- the client cannot share any details regarding the pricing or payment terms between the company and the client with any employee of Phoenix Games s.
Intellectual Property Rights
all the websites/apps made by Phoenix Games will be owned by the client and the client can exercise all the intellectual property rights of the work that has been done. the ownership of the website/app will be the sole concern of the client and Phoenix Games will only work on them.
all the content, graphics and info graphics presented on this website including but not limited to text, images, trademarks, website layout and design, articles, reviews, pictures is protected by the relevant copyright and intellectual property laws of the government of India.
anyone who visits this website cannot transfer, share, publish, modify, transmit, reproduce or sell the content available on this website. by accessing and viewing this website, you acknowledge that you adhere to the copyright and other laws of the land and understand the restrictions while using this website. in case of non-compliance or if anyone is caught using the content of this website illegally, Phoenix Games reserves the right to take appropriate action accordingly.
PRIVACY AND CONFEDENTIALITY
both the parties agree that they will handle personal and professional information in accordance with the law and that it will never be disclosed to any third party without the prior permission of the opposite party. this is keeping in mind the fact that both parties will be having confidential information about one another for professional use which will be needed to be handed over once the project is complete.
both the parties have a moral obligation to disclose to the opposite party that-
there are no investigations, actions, proceedings, pending court cases or claims against it or by it that the opposite party is not aware, and which can have a material effect on the work that may interfere with the contract that the two parties may get into.
termination of contract
the contract may be immediately (or after a certain date) terminated if-
- the opposite party breaches the terms of the contract and does not mend its ways within 5 business days.
- the opposite party becomes insolvent
APPOINTMENT AND TERMINATION RULES FOR EMPLOYEE OUTSOURCING
the client can appoint a Phoenix Games employee on a trial basis ranging from one hour to a maximum of 10 days. during this time, the services of the company’s employee can be terminated at any time.
termination of full time employee-
- if the client intends to terminate the employee within 6 months of his/her appointment, a notice period of 30 days is required
- if the client intends to terminate the employee after 6 months of his/her appointment, a notice period of 60 days is required
- upon termination, the client will return all confidential information back to Phoenix Games s.
ACCEPTANCE OF THE TERMS
by reading and clicking on the check box, the client agrees to the following-
- that he/she has appointed Phoenix Games for providing a specific service to him/her on his/her request
- that he/she, after due diligence, has selected an employee of Phoenix Games to work for him/her on a temporary project
- that he/she is making a payment for the services rendered by Phoenix Games as agreed to by the payment terms mentioned herein.
the client will be obligated to grant leaves to the company’s employee in the case of public or religious holidays
if the client wants to avail the services of an employee of Phoenix Games s, he/she is liable to pay for it in advance through either a prepaid payment or a regular monthly payment.
- the client can pay online through net banking, neft, rtgs or direct fund transfer.
- the payments have to be made exactly on the date which has been pre decided by both the parties.
- the client is liable to pay overtime dues if he/she makes the employee work for more time than agreed to.
- Phoenix Games does not provide any refund for any service
- the company will not commence work unless the payment has been made first.
- if the payments are not being made on time, Phoenix Games will suspend the work of the client until the arrears are cleared.